DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ANSIC Pty Ltd T/A ANSIC Pty Ltd
(AG2021/6368)

ANSIC CROWD CONTROL ENTERPRISE AGREEMENT 2021

Security services
COMMISSIONER SIMPSON	BRISBANE, 8 SEPTEMBER 2021

Application for approval of the ANSIC Crowd Control Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the ANSIC Crowd Control Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ANSIC Pty Ltd T/A ANSIC Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE513050 PR733708

CaseChat Overview and Summary

The case involves ANSIC Pty Ltd, trading as ANSIC Pty Ltd, which applied for approval of the ANSIC Crowd Control Enterprise Agreement 2021. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. The agreement in question was proposed to cover employees engaged in crowd control activities.

The primary legal issue before the Commission was whether the enterprise agreement satisfied the procedural and substantive fairness requirements set out in the Fair Work Act. Procedurally, the Commission had to consider whether the agreement was genuinely negotiated and whether the process adhered to the prescribed standards. Substantively, the agreement had to be assessed to ensure that it provided for fair and reasonable terms and conditions of employment, including minimum rates of pay and conditions such as leave entitlements and penalties for breaches.

The Fair Work Commission found that the agreement had been genuinely negotiated and that the procedural requirements were met. The Commission further determined that the agreement contained terms that were fair and reasonable, ensuring that it provided for minimum rates of pay and other conditions that met the statutory standards. Consequently, the Commission approved the ANSIC Crowd Control Enterprise Agreement 2021, confirming that it met the necessary criteria for approval under the Fair Work Act.

The Fair Work Commission's decision was made on the basis that the agreement was both procedurally and substantively compliant with the requirements of the Act. The Commission's approval of the agreement ensures that it can now be used as a basis for employment terms and conditions for the relevant employees.

ANSIC Pty Ltd T/A ANSIC Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established